Posted in Personal Injury
Most people think of the two-year injury deadline as the only clock that matters in New Jersey. Claims involving a city, county, school district, or other public body run on an earlier one. A written notice has to go out within about three months of the injury, long before anyone knows how the recovery will go.
Ninety Days Is Short
Under N.J.S.A. 59:8-8, part of the Tort Claims Act, a claim against a public entity or public employee must be presented no later than the 90th day after the cause of action accrues. A claimant who misses that date is barred from recovering, subject to a narrow exception, and the statute separately bars claims once two years have passed since accrual.
For a fall or a crash, accrual usually means the date of the injury. Ninety days can pass quickly when a person is in treatment or in the hospital, which is why the notice step is the part most often overlooked.
Who Counts as a Public Entity
The Act reaches well beyond city hall. Situations that commonly involve a public body include:
- A fall on a municipal sidewalk or in a public parking lot
- A crash caused by a road defect on a county or state roadway
- An injury on school grounds or a school bus
- A collision with a government-owned vehicle
- A hazard at a publicly operated building or park
Determining who owns or controls the location comes first. A road can belong to a township, a county, or the state, and the notice has to go to the right one. Many injured people ask an East Orange personal injury lawyer to identify the correct entity and the date the notice is due.
Ownership matters on private land too, though what an owner owes follows different rules than those for public bodies. A private landlord or store owner is a different kind of defendant.
A Late Notice May Still Be Allowed
Missing the ninety days isn’t always the end. Under N.J.S.A. 59:8-9, a claimant may ask a Superior Court judge for permission to file a late notice. The request has to come within one year after the claim accrued, the public entity must not be substantially prejudiced, and the claimant has to show sufficient reasons constituting extraordinary circumstances for missing the deadline.
That standard is demanding. A busy schedule or not knowing about the rule may not be enough, so the safer path is to meet the original date.
Why Speed Helps the Evidence Too
Public conditions change. Potholes are patched, signs are replaced, and snow melts. Waiting also weakens the memory of witnesses. Anyone hurt in East Orange should gather the following while details are fresh:
- Photographs of the hazard and the surrounding area
- The exact address or nearest intersection
- Names and phone numbers of anyone who saw what happened
- Medical records and discharge papers
- Report numbers for any police or agency response
Delay costs more than a missed date, since acting quickly preserves proof that fades. Photos taken this week are worth more than memories recalled next month.
Crashes involving a government vehicle or a damaged road add their own records. Many injured drivers ask an East Orange car accident lawyer to help line those records up.
Other Deadlines Still Apply
A claim against a public body often sits beside claims against private parties, such as a driver or a contractor. Those run on the ordinary schedule, and the statute of limitations basics differ from the Tort Claims Act rules.
A fall on a damaged sidewalk may involve a property owner and the municipality at once. Both parties can be part of the same incident, and an East Orange slip and fall lawyer can help sort out which party is responsible for each piece.
Claims involving public bodies depend on careful paperwork. David DiBrigida has handled personal injury matters for more than 30 years, and at Law Offices of David A. DiBrigida we deal with insurers and agencies as a large part of that work.
Anyone injured on public property in East Orange shouldn’t wait to see how the injury develops. A person who is unsure which entity is responsible can reach out to us, and we’ll help work out the dates and the next steps.
